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HomeMy WebLinkAbout06-13-1995 City Council Minutes MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JUNE 13, 1995 / ~ ................................................................. CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7:03 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Washburn. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, BENDER, BRINLEY, PAPE, WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, City Attorney Harper, Administrative Services Director Boone, city Planner Leslie, Building & Safety Manager Russell, community Services Director Sapp, Public Services Director Tecca, Manager of Special Projects Watenpaugh, Special Projects Coordinator Wood and city Clerk Kasad. ,-.... PRESENTATIONS/CEREMONIALS A. Proclamation - Amateur Radio Week. (F:122.1) Mayor Washburn read the Proclamation recognizing Amateur Radio Week and presented it to Mr. Don Foster. Mr. Foster thanked the Council for this recognition and noted that June 24th will be their annual training exercise. He detailed the services provided by the Amateur Radio Organization and invited the public to attend their event. B. Proclamation - Elks Lodge No. 2591. (F:122.1) Mayor Washburn read the Proclamation honoring the ongoing efforts by the Lake Elsinore Elks and presented it to Elks representatives, Walt Hobert, Paul Fox, John Haldenwany, Lawrence P. Willson, Dick Ross, Bob White, Donald D. Long and Frank Hoover. - Walt Hobert, Exalted Ruler thanked the Council for this recognition and stressed the efforts by the Elks to support the community. He further stressed the efforts of the Elks across the nation and noted that the June 14th celebration of Flag Day was pioneered by the Elks. PAGE TWO - CITY COUNCIL MINUTES - JUNE 13, 1995 sales of about 150 tickets a day. She noted that the record for attendance will be broken in a few more days and detailed the events occurring over the weekend leading up to the game. D. Presentation - New Fire Truck. (F:56.1) City Manager Molendyk noted that the New Fire Truck is displayed outside the building this evening and advised that this new equipment has been in service for approximately a week. - John Wender, representing the Fire Department, advised that the cost of this truck was approximately $250,000, and that it is one of 17 new vehicles in the County. He detailed the state-of-the-art features and apparatus. city Manager Molendyk noted the attendance at this meeting by Division Chief Wright and invited interested members of the public to stop by the Fire station to view the new equipment. E. Presentation - Report on Four Corners Storm Drain. (F:155.1) City Manager Molendyk advised that he spoke with Ken Edwards of Riverside County Flood Control District this date regarding the status of this project and noted that there have been several problems with the contractor. Public Services Director Tecca detailed the problems with this project to date and advised that the contractor is currently paying liquidated damages of $250 per day in that the project was scheduled for completion by April 18th, extended to April 28th and still not completed. He further noted that the contractor has been shut down and fined by OSHA for approximately $48,000. He indicated that litigation is also pending on this proj ect. He further indicated that City staff is on site to assure that the job gets done properly and detailed the citations issued by city staff to date. - F. Presentation - Report on Proposed Theme Park/Water Park. (F:165.1) City Manager Molendyk noted that a Study Session was held on this matter on June 8th. He explained that Par 3 is looking at developing a 55 acre amusement park which will be 1/2 Theme Park and 1/2 Water Park. He advised that the estimated cost of the project is $40 million. He indicated that this matter is listed on the Consent Calendar for conceptual approval of the proposed project and financing, which will be done at full cost to the Developer. He further indicated that the time frame calls for the Theme Park to open by March 1996, and the Water Park to open by June, 1996. Tom Rogers, partner in this project and former executive for Disnevland. thanked the Council for the opportunity to present PAGE THREE - CITY COUNCIL MINUTES - JUNE 13, 1995 PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address Item Nos. 22, 31, 32 and 33 of this agenda and deferred to those discussions. CONSENT CALENDAR - The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 7, 8, 10, 11 and 13. MOVED BY BRINLEY, SECONDED BY PAPE AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: (F:44.4) a. City Council study Session - May 4, 1995. b. Special City Council Meeting - May 18, 1995. c. Regular city Council Meeting - May 23, 1995. The following Minutes were received and filed: d. Planning Commission Meeting - May 17, 1995. (F:60.3) e. Design Review Committee Meeting - May 17, 1995. (F:60.4) 2. Received and ordered filed the Building Activity Report for May, 1995. (F: 32 . 2 ) 3. Received and ordered filed the Code Enforcement Activity Report for May, 1995. (F:54.1) - 4. Ratified the Warrant List for May 31, 1995. (F:12.3) 5. Adopted Resolution Nos. 95-37 and 95-38, Calling General Municipal Election for November 7, 1995 & Establishing Regulations for Candidate Statements. (F:72.2) RESOLUTION NO. 95-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY ON TUESDAY, NOVEMBER 7, 1995, FOR THE ELECTION OF CERTAIN OFFICERS OF THE CITY AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES AND REQUESTING THE REGISTRAR OF VOTERS OF THE COUNTY OF RIVERSIDE TO CONDUCT SAID ELECTION. RESOLUTION NO. 95-38 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE, PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE AND THE COSTS THEREOF FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 7, 1995. PAGE FOUR - CITY COUNCIL MINUTES - JUNE 13, 1995 CALIFORNIA, ACCEPTING AN OFFER OF DEDICATION FOR AN EASEMENT FOR CONSTRUCTION OF THE ORTEGA CHANNEL STAGE II STORM DRAIN; AND QUITCLAIM TO RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ALL RIGHTS, TITLE AND INTEREST TO THE ORTEGA CHANNEL STAGE II STORM DRAIN EASEMENT. 9. Approved Pass Through of Consumer Price Index (CPI) Increase as presented for CR & R, effective July 1, 1995. (F:163.1) 12. Approved Public Hearing Date of June 27, 1995, for the following: A. Zone Code Amendment (ZCA) No. 95-3 (Amendment of Ordinance No. 962 Regarding Fencing in Residential Districts. (F:172.2) (X:80.1) - ITEMS PULLED FROM CONSENT CALENDAR 7. Public Boat Launch Facility - Enqineerinq Desiqn Services. (F:92.5) city Manager Molendyk explained this item and reminded the Council of the $800,000 grant already received for this facility. Councilman Alongi questioned the time limit for use of this grant. Manager of Special Projects Watenpaugh advised that there is no specific time limit, however it is important to show that the project is moving forward. He further advised that a $50,000 advance has been approved for this work. Councilman Alongi inquired whether the City has plans to build this facility in the near future. Manager of Special Proj ects Watenpaugh indicated that there are plans to move forward with the project, utilizing the $800,000 in grant funds for the boat launch. Councilman Alongi inquired whether any matching funds are required for this proj ect. Mr. Watenpaugh indicated that the project is fully funded by the grant. _ MOVED BY WASHBURN, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE PROPOSAL FOR ENGINEERING DESIGN SERVICES FROM NOBLE CONSULTANTS FOR THE PUBLIC BOAT LAUNCH FACILITY AND AUTHORIZE THE MAYOR TO EXECUTE THE AGREEMENT. 8. Conceptual Approval of Theme Park/Water Park - Par 3 Group. (F:165.1) Mayor Pro Tem Bender offered Par 3 the opportunity to explain why Lake Elsinore was.. chosen as the site for this proj ect. He also requested clarification of the potential bonds, stressing that the city would act as a conduit and hold no obligation for them. Tom Rogers, representing Par 3 Group, indicated that Lake Elsinore was chosen for this project because of the tremendous growth patter and their belief that this Community is the perfect match for this type of project. He stressed the Stadium development and other recreation oriented priorities in the area and the community support for them. T___... T'\1....___.:.. ________~.:__ .1..._ n__...:a':__ ,..__...._ .1::__ ......__ ~ PAGE FIVE - CITY COUNCIL MINUTES - JUNE 13, 1995 - City in this process will be reimbursed, and all bond counsel fees will be paid. He stressed that the only reason for using the city to issue the bonds is the municipal financing mechanisms. He also noted that the Austin Company will be building the project and they have indicated that they will be able to meet the proposed time line. Mayor Pro Tem Bender stressed that this is a conceptual approval; and indicated that more information will be coming before the Council and there will be more opportunities for pUblic input. He noted that his comments from the study Session would stand. He requested the addition of a requirement for review and approval by the City Council. MOVED BY BENDER, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO CONCEPTUALLY APPROVE THE PROJECT AND DIRECT STAFF TO WORK WITH PAR 3 TO EXPEDITE THE PROJECT, ALL SUBJECT TO REVIEW AND APPROVAL OF THE PROPOSED FINANCING PACKAGE BY THE BOND COUNSEL AND THE CITY COUNCIL. 10. Reoraanization of Buildina Division. (F:32.1) Councilman Alongi indicated that he would hold his comments on this item. MOVED BY BRINLEY, SECONDED BY PAPE AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE PROPOSED REORGANIZATION OF THE BUILDING DIVISION, AUTHORIZE THE INCLUSION OF A BUILDING TECHNICIAN AND SENIOR BUILDING INSPECTOR CLASSIFICATIONS AND THE ELIMINATION OF THE BUILDING SUPERVISOR POSITION. - 11. Notice of Completion for Tot Lot ADA Renovations of citv Park. Lakepoint Park. Machado Park. Summer lake Park and Tuscany Hills Park. (F: 114.1) Councilman Alongi inquired whether $109,554 was originally set aside for this project, and whether the actual cost was only $75,240. Staff confirmed these items. Councilman Alongi questioned whether the balance was remaining . community Services Director Sapp indicated that the balance was transferred to the Senior Center project last year. Councilman Alongi inquired why that information was not provided in the staff report. Mr. Sapp indicated that he was not certain, but offered to provide a follow-up memo on this matter. MOVED BY ALONGI, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO ACCEPT THE NOTICE OF COMPLETION FOR TOT LOT ADA RENOVATIONS AT THE ABOVE-LISTED PARKS. 13. Lake Elsinore violations/Enforcement of Use Passes Resolution No. 95-41. (F:92.1) Councilman Alongi indicated that he pulled this item to receive clarification on boat launch permit fees, particularly whether persons with a $150 annual pass are covered for more than one boat. City Manager Molendyk indicated that the first boat is $150, while each additional boat is $75 per year. unU1:'n 'DV ~T_nVI.!T C!1:lf'nvn1:ln 'DV U'DTlJT.1:lV :a.vn ~:a.'D'DT1i!n 'AV nN:a.NTMnnR vn'l''R PAGE SIX - CITY COUNCIL MINUTES - JUNE 13, 1995 PUBLIC HEARINGS 21. Scheduled Public Meeting - utility Users Tax. (F:30.4) Mayor Washburn noted that the recommendation provided is for cancellation of this consideration. MOVED BY BRINLEY, SECONDED BY PAPE TO CANCEL THIS PUBLIC MEETING AND THE PUBLIC HEARING SCHEDULED FOR JUNE 27, 1995. Councilman Alongi indicated that he would like the public hearing to go forward since the proposal is to use a bond refinancing. He further indicated that he feels the residents _ should understand what it will cost to refinance the bonds. He commented that this is only a one year deal. City Attorney Harper commented on the bond issue, and clarified that it is not a refinancing. He indicated that the $10 million bond issue will come due this year and it is necessary to replace that issuance. He explained that the original note was at 9-1/2% because it was taxable and this restructure will allow for a reduction in that interest rate, based on the decline of rates in the last few months. He indicated that the new rate will be approximately 7% and allow a cash out in the area of $2 million or more. He indicated that this will allow for a reduction in the debt service and the additional cash out. He indicated that this will allow subsidy by the Redevelopment Agency as in prior years. Councilman Alongi requested concurrence that the reissuances become increasingly more difficult. city Attorney Harper indicated that the future budgeting remains difficult to predict. He indicated that the tax increment increases for the coming year are not know and noted that there may be some potential for more benefit then. Councilman Pape commented that there is misinformation out __ about creating new debt. He stressed that the proposed action would allow the City to gain more revenue through a reduction in interest rates. He further stressed that this will be a long term approach replacing a short term approach. He indicated that he felt it was good news that there would be no utility tax. Ace Vallejos, 15231 Cobre Street, addressed Councilman Pape's announcement at the last meeting and noted that he has a list of City bond issuance totaling a debt of $68,000. He indicated that the proposed lower rate would only save about $200,000 per year, not the $1 million discussed. He indicated that the Council needs to give the public the whole story. He indicated that the approach by the Council caused the $3.7 million debt. THE FOREGOING MOTION CARRIED BY A VOTE OF 4 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE. 22. 1995-96 Budqet Adoption - Resolution No. 95-40. (F:30.1) city Manager Molendyk explained that since 1985 the City has ~n;nv~n ::lI C!r,....n"rr -F;1"\~'I"'\""';!:!l.' ,..""""~.;....:__ ".'P':~1... _________ PAGE SEVEN - CITY COUNCIL MINUTES - JUNE 13, 1995 - addition to other tax dollars to balance their budget. city Manager Molendyk explained that the state took ci ty and Redevelopment tax dollars in the amount of $4,600,000 to $5,000,000 over the last three years and even though the city has an aggressive economic program, the state is taking the money away faster than the city can bring new revenue in. He further explained that the city has downsized the organization three times through budget eliminations and lay-offs. He noted that during the 1993/94 budget the city council negotiated and accepted the Lake from the state Parks and Recreation Department with the concept that the City could accept responsibility and clean up the Lake thereby enhancing economic potential. City Manager Molendyk explained that to add to the recreation/tourism theme the city built a baseball stadium/amphitheater called the Diamond. He further explained that due to the nature of the Diamond construction and the upgrading of certain aspects of the facility the final cost for construction is $22,000,000, not the anticipated $15,000,000 and the additional funds came from consolidation of ci ty and RDA revenues. He noted that there was no allowance made for additional revenues to cover annual operation of the stadium and Lake which exceeds $1,500,000. City Manager Molendyk explained that both of the efforts were done in a positive manner as entrepreneurial approaches by the City Council/Redevelopment Agency Board to attract more business. The present City staffing is 57 compared to the 1991 level of 69 full time employees, at which time the responsibility on staff was much lighter and there was more staff available to perform the work. - City Manager Molendyk presented exhibits giving an overview of the current budget and a proposal for balancing the 1995/96 budget as well as preparing a strategy for the next four to five years to provide a financially stable budget situation. He noted that staff has reviewed the budget and reduced all possible costs and proposed increases for revenue. He explained that it is recommended that the City refinance existing bonds to generate $1,200,000 to balance the budget and based on the Bond refinancing the budget will be balanced with a reserve of $800,000. He further noted that the enterprise account which is approximately $1,000,000 annually has not been resolved, however negotiations are taking place between the City Attorney's Office and the storm organization to modify the existing contract and generate adequate revenues to support the operation and maintenance of the Diamond; and recommendations and findings will be brought back to Council in the next 30 to 45 days. - City Manager Molendyk clarified that at this time the Council is dealing only with the General Fund budget of $9,367,635; the Lighting and Landscaping Maintenance District Budget of $1,563,075; and the Lake Budgets of $426,440. He gave an overview of the revenues and the loss of past revenues, including the loss of Redevelopment Agency revenue to the City. He noted that the Council gave direction that the budget be cut to bare bones with the exception of Public Safety, which has been increased by a small amount. He .o'V"""~";'I"'l~rI ~'h.o -F';'I"'l!:30""'I"'"lI;!::lIll r"'-r!:!l-r,,~ ,...,-F +-l....",,- C!+-~~';'I''''''' "!!l.'I"'l,:a -F''1,....+-......".... PAGE EIGHT - CITY COUNCIL MINUTES - JUNE 13, 1995 Councilman Alongi questioned the addition to Law Enforcement, and asked where the money comes from to pay for the law enforcement on the Lake. ci ty Manager Molendyk stated that at this time it is being charged to the Lake Enterprise account. Councilman Alongi stated that it does not have any thing to do with policing the streets. City Manager Molendyk clarified that the City has a responsibility to police the City, and the Lake is part of the City. Councilman Alongi stated that the City did not increase the amount from the General Fund to increase the police on the streets of the city. City Manager Molendyk stated that what he indicated was that there was $270,000 in police patrol and did not indicate how it was funded. __ Councilman Alongi stated that in the Agreement, when the City took over the Lake, the City assumed the financial liability and this was not Lake Management. He asked what the reserves were in the Redevelopment Agency and the City in 1992. City Manager Molendyk stated that he would have to check on the Redevelopment Agency reserve, but in the General Fund there was $3,000,000. Councilman Alongi asked how much the state took from the City and RDA Fund in 1992 or even in 1993, and stated that his point was that in 1992 the City and RDA had good reserves and also in 1993. He indicated that the money was spent on the ball field and now the reserves have been spent and it seems that something else has been blamed when in reality it was the ball field that placed the City in the position that it finds itself in now. He noted that funds are locked in on Collier and yet the funds can be drawn off of other areas. He pointed out that there are several services that have been cut or eliminated to balance the budget and gave an overview of the different services that will be eliminated or impacted. He stated that another alternative should be found. He suggested that the refinancing of the bonds is a "dog and pony show" and management can not, do their job properly because of the actions of the past Council and the current Council. __ Mayor Washburn clarified points addressed by Councilman Alongi's. He noted that the state has been in the longest recession that this state has experienced since the Depression. He stated that this is not the only city to experience this and the difficulty is how to meet the services and how to provide more services to the public. He noted that in trying to meet those needs, programs and services are set up and this was done in the past and now those areas must be cut or the alternative is a utility tax and the Council did not want to take that action. Councilwoman Brinley stated that Council did not try to step in and interfere with staff in balancing the budget. She stated that most of the public can identify with the fact that when times get tough, you have to give up some of the things that you like to do and the City is no different. She addressed the $1,800,000 for Collier and explained that the money cannot be touched because of legal obligations as well as obligations to the Department of Fish and Game. She stated that she felt that Councilman Alongi was using scare tactics and that everything is going on, is public record and the _,,1,....1":_ ___ __ ~_ ,.,..:...._ TT_" __....:I _________...L.. ___.._ ~,.. PAGE NINE - CITY COUNCIL MINUTES - JUNE 13, 1995 - He commented that he does not have anything personal against Councilman Alongi; and that he has been on the city council for 10 months and twice Councilman Alongi has stated that the past Council and this Council for the last 18 months or so has created the problems. Mayor Pro Tem Bender pointed out that this Council has done none of the things that he has alleged. He explained that Councilman Alongi is going on his fourth year and has either voted for or communicated effectively or ineffectively on all of the projects with other Council persons, in light of that he requested that Councilman Alongi not blame the situation on this Council. He further explained that this Council is the five people that sit here now, and the situations were from past Council. He indicated that it is now the job of this Council to wrestle with these problems. Councilman Pape stated that the Council can point fingers and try to figure out who is to blame for the situation and what caused it, but that he and Mayor Pro Tem Bender were elected less than a year ago and are trying to solve some of the current situations and look at the alternatives and best possible solutions. He explained that there are some activities not included in the budget such as the Easter Egg Hunt, the Winterfest; and if the City cannot provide some of those things this year and they cannot find some private support money to continue the program then hopefully the city might be able to place the items in the budget for the next year. Councilman Pape stated that he does not know if it is caused by the Stadium or something else, but the Stadium has created a si tuation which will create a market for other things such as the Water Park and the Race Track. He noted that because of the Stadium the Ci ty has other possible revenue generating sources coming into the City. He further noted that many of the residents have been impacted by the economy. He pointed out the revenue that has been generated by the Outlet Center and Walmart. He stated that pointing fingers does not accomplish anything and does not find solutions to where we are now. - Mayor Washburn then opened the public hearing at 8: 31 and asked the persons who requested to speak to come forward as called: - Ann Washington, LEAF, indicated she knew that it was a necessity for the City to make cuts for service fees to LEAF, and that there are no hard feelings. She explained that they were asking for a fiscal increase of 5% for 1995/96 since they have been having problems meeting their own obligations over the last 8 months. She noted that they have had to discontinue all the services they felt they could do without and therefore are at a bare bones budget. She explained that finding out they would not get the 5% increase, and an additional 20% cut was devastating; and if the budget problems worsen in the next few years, the Animal Control program may survive only if the pet owners become more responsible with the spaying and neutering of their pets and keeping them confined. She stated that one of the issues is pet overpopulation and Community Services Director Sapp has some good ideas for public education. She gave an overview of the services of the shelter and made suggestions for raising the revenue to off-set the current budaet nroblems. She PAGE TEN - CITY COUNCIL MINUTES - JUNE 13, 1995 Cheryl Smith, 801 Canary Court, asked that Council reconsider the proposed cutting of the "Kids on Track" program. She explained that the children need the programs and they are our future. She explained that the Senior Programs could afford to give up a few to fund this program. A Student Group from Railroad Canyon School presented a poster. Reyes Padilla spoke for the children and stated that prior to the program he used to get into a lot of trouble and the program provides a place to go and he stays out of trouble. Mayor Washburn asked how many children are in the program. Mr. Padilla stated that there were approximately 40 kids. __ Melanie Schatcher, a teacher at Railroad Canyon School, stated "Kids on Track" accomplishes four things: 1. Well planned acti vi ties after school; 2. The children have a chance to associate with each other with adult supervision; 3. The opportunity to build self esteem and self worth; and 4. It is a fun place where kids want to go. She stated that she did understand budget cuts and has experienced this same problem on a personal level, but she tries to cut other areas before her children. She stated that as a teacher there is not a big opportunity to improve the self esteem of a child and encourage the children to socialize together; and the "Kids on Track" program does this. She suggested that cuts be made in the program and a nominal fee be charged to continue the program. Ms. Schatcher stated that she is concerned where the children go when they are not in the "Kids on Track" program. Alicia Bollinger, 851 Mill Street, explained that she is a working parent and values the "Kids on Track" program and what it does for her child. She offered to help raise money and supplement by paying an amount from her salary. Ken Howard, pointed out that speculation in real estate has caused the close of the local bank. He criticized the City -- for floating a bond issue and stated that these bonds are not insured and are not safe. City Attorney Harper stated that these bonds will not be sold into a secondary market, but rather will be purchased by a single investor and will never be remarketed. Mariana Mohylyn, 305 W. Sumner, pointed out that none of the Council is 100% guilty of the problems that the City faces today and stated that the City should provide a forum for the public to address the Council with their concerns. She pointed out the different problems that the City is experiencing. Chris Hyland, 15191 Wavecrest Drive, stated that the money that would go for the Senior Center for her can be given to the "Kids on Track" program because they need it more than she does. She indicated that there is a $3,570,000 deficit, $2,100,000 owed to the EVMWD, $1,000,000 debt created by Amber Ridge Sewer Project, $21,000 Lake Management debt, $1,000,000 debt to maintain the Lake, and $3,000,000 debt for the Stadium. She stated that the City will go bankrupt if it keeps giving away the tax dollars. PAGE ELEVEN - CITY COUNCIL MINUTES - JUNE 13, 1995 - She stated that there is a need for more Code Enforcement and objected to the cuts that are going to go into effect. Edith Stafford stated that she would like to see a section of the budget address streets that have never been paved. She cited Elm and Herbert Street as streets that have not been paved. She noted that the street that she lives on is a dust bowl and explained that dust has created a health problem for her and all the surrounding streets should be paved. Ms. Stafford stated that Council has been robbing Peter to pay Paul and it cannot continue. She stated that several problems have been found throughout California cities in regard to overstating financial benefits of Redevelopment and citizens involvement is limi ted in most of the CRA planning. She pointed out that this City is guilty of this and cited the raceway project. She further pointed out that the public was not informed and were not given an opportunity to give their input prior to the ground breaking of the project. Fred Feinberg, Sun ci ty , spoke in favor of the Baseball Diamond and he noted that Councilman Alongi did not like it. Mr. Feinberg stated that he felt that the different projects in the City were good and the change is good. Mayor Washburn closed the public hearing at 9:08 p.m. - Councilwoman Brinley addressed the persons who commented on "Kids on Track" and stated that it is a tough decision to make cuts and she offered to get with these people and meet to form a committee to include the P.T.A.'s and other parent groups to raise money to assist in the funding until the City can review the situation at mid-term and see if assistance is possible. She stated that she did appreciate their concerns and noted that she is a parent and would like to help. Mayor Pro Tem Bender stated that anything that can become self-supporting is the way to go and it is going to take self pride and civic pride to make a program work. He noted that it is a matter of matter of supporting programs such as the Senior programs or LEAF. He explained that it is not fun sitting on Council cutting programs, City staff or anything, but if you are faced with a problem it must be met. He further explained that Council would love to do all the streets, sidewalks and provide all the programs but that is not reality and the truth of the situation is that there is no money to take from any other program to gi ve to another. Mayor Pro Tem Bender stated that the budget is a guiding document and he intends to accept it as a whole and not take one piece and move it to another. He further stated that he hopes that additional funds will be available in the future, but at this time, there will have to be painful decisions. He explained that he was not present in the past to make the decisions that were made and all he can do is work with the here and now. Councilman Pape commented on the presentation by Ann Washington from LEAF and stated that he was impressed with her ideas and encouraged the "User Pays" theory. He stated that he would like to see the City try to work with them. He eJ;'plained that the "Kids on Track" program is more difficult -....--- ..\...- ---..... .!- ......-- --- PAGE TWELVE - CITY COUNCIL MINUTES - JUNE 13, 1995 other service that the City can pull from to provide the funding to maintain the program. He suggested that down the road when revenues increase and the economy improves this program is one that will be considered again. He explained that Council is in a position that they either make cuts or increase taxes and if he has heard correctly most people were not in favor of increasing taxes, therefore the cuts have tQ be made. Councilman Alongi stated that with due respect to Mayor Pro Tem Bender, he does say all the right things, but does all the wrong things. He stated that if programs should be self supporting,' shouldn't the City be self supporting and operate __ on the money given to them through taxes to provide the services. .He questioned if Mayor Pro Tem Bender was so concerned about the budget, why he voted to give the Chamber of Commerce $25,000, since they should be self-supporting. He stated that there are programs that can be swapped. He stated that he does not oppose raising fees for those persons who are negligent and let their animals run loose, but he is opposed to raising fees for persons to license animals. Councilman Alongi .stated that Councilman Pape is right that people do not want.to pay more taxes and that is why he feels that City officials should pay. more attention to what money they have coming in, just as the citizens of the City do when they get their pay check. He noted that under Special Projects there is $224;000 and if it is for what he thinks it is, he feels that $50,000 can be taken from that; Planning and Zoning has $376,000 and $20,000 could be taken from that fund; Building and Safety, $25,000; Weed Abatement, $25,000; Street Maintenance, $75,000; Facility Maintenance, $75,000; and Vehicle Maintenance, $25,000 which would accomplish $283,000 worth of cuts that could be put back into service to the communi ty. He exp],.ained that these funds could go to the Community center, After School program, Senior Center, Animal Control and the Cultural Center and take it off the city Hall end and not the pUblic's end. He further explained that the __ City Manager can tighten his belt up a little more and take the cuts on his end and not on the public end since the services are needed in the community. He suggested to the Mayor that Council should examine these items and consider possibly cutting hours or closing on Fridays as the County has done. Mayor Washburn stated that staff has worked very hard and the budget that Council has before them is not a budget that will give as much as Council would want, but it is a budget that is a working guideline. He noted that if something comes up or this can be worked on mid-year, he could see some adjustments that could be made to provide for "Kids on Track", but also there must be participation with those persons that the City is assisting and there is going to have to be continued dialogue with the schools and/or assistance from the parents to continue the program. He explained that not only do the children enjoy the program, but it also provides a service to keep the child learning, rather than to be destructive. MOVED BY BRINLEY, SECONDED BY BENDER AND CARRIED BY ROLL CALL VOTE TO APPROVE RESOLUTION NO. 95-40 AS FOLLOWS: PAGE THIRTEEN - CITY COUNCIL MINUTES - JUNE 13, 1995 CALIFORNIA, APPROVING AND ADOPTING THE BUDGET FOR FISCAL YEAR 1995-96 AND APPROPRIATING THE FUNDS NECESSARY TO MEET THE EXPENDITURES SET FORTH THEREIN. City Attorney Harper advised that a request had been received to continue items 23 and 34 of this agenda to the next Regular City Council Meeting (June 27, 1995), and requested Council concurrence for this request. - APPEAL 23. Reconsideration of an Appeal Regarding Fencing Material in conjunction with Residential Project No. 94-2, Applicant: Inco Homes. ( F : 21 . 1) (X: 160 . 2 ) MOVED BY PAPE, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM TO JUNE 27, 1995. 34. Request for Waiver of Capital Improvement Fees Associated with the Construction of Single Family Homes on 63 Lots within the Town of Lucerne Tract Map (Torn Ranch). Applicant: Inco Homes. (F:21.1) (X:160.2) MOVED BY PAPE, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM TO JUNE 27, 1995. THE CITY COUNCIL MEETING WAS RECESSED AT 9:25 P.M. THE CITY COUNCIL MEETING RECONVENED AT 9:30 P.M. BUSINESS ITEMS 31. Council Policy - Conduct. (F:44.1) (X:120.1) - - Councilman Pape stated that the purpose of this item is to discuss with, and remind Council that they have to operate under the City Manager form of Government. He further stated that it is stressed that the City Councilmembers' responsibility is only to serve as a policy making body and they are not authorized nor responsible for the day to day operation of the ci ty . He explained that this includes hiring, firing, disciplinary action and all matters relating to personnel. Councilman Pape stated that there has been an ongoing problem in City Hall for the last three years. He further stated that Councilman Alongi has been verbally assaUlting the city's Management personnel which include the city Manager, Assistant City Manager, Personnel Director and the Finance Director. He noted that they have been subjected to episodes of very loud ranting, raving and cursing with staff in the other room able to hear through closed doors. Councilman Pape stated that on May 23rd, another incident occurred which was the last straw. He explained that it occurred with one of the line staff that is represented by the Union, who has taken the incident to the Union and it has become public after that occurred. Councilman Pape read a portion of the memo from the Building Inspector to his supervisor that was subjected to this situation: "On a gas test inspection at 420 Granite street",councilman Pape noted that this was nron~rtv r~("!~nt: 1 v n11T("!h~ !::.,:>n hv ("'n11n(".; 1 m::lln 111 nnrd PAGE FOURTEEN - CITY COUNCIL MINUTES - JUNE 13, 1995 and demanded that I join him in my office and proceeded to interrogate me regarding my inability to read the above mentioned gauge. Councilman Alongi was of the impression that I did not have to be able to read the gage, but that all that was required was that the needle of the gage stay stationary. I attempted to explain that the Code required a legible reading of 10 pounds for 15 minutes. without being able to read the gage I could not justify passing his inspection. Councilman Alongi became enraged; he erupted in a loud and threatening manner; the Councilman commanded that I release the gas meter wi thout an inspection. Councilman Alongi continued to swear", Councilman Pape stated that he would not use the words, but the gave examples the verbiage used, "and _ advanced toward me. I remained silently seated and was fearful for my well being. I was of the belief that I was in imminent danger of physical assault". Councilman Pape noted that following this incident memos were written by employees who witnessed the incident. He reported to the Union and they have filed a formal grievance with the city. Councilman Alongi wrote a two page response letter on ci ty letterhead, typed by City staff in response to this incident. He noted that one of the paragraphs in the letter from Councilman Alongi states: "As far as those that say that they heard and what went on, they hear that kind of language when they go to the movies, they hear it on television, they read it in books so I don't want to hear from the sanctimonious people who feel that what I said was unprofessional. It is professional as ice cream and pie in this Country." Councilman Pape asked how many people at the Council Meeting use that kind of language in a professional situation. He asked if Councilman Alongi would use this language over at HOPE and asked if the ladies there appreciate that kind of language; when he speaks to his granddaughter does he get in her face and use this kind of foul language. He stated that - he does not think that this is appropriate conduct, and the bottom line is that an attempt was made to try and influence the decision of a staff member using his position to make a change for his benefit. Councilman Pape stated that he was sure that the FPPC would want to get involved in this issue also. He stated that what really bothered him was the section that Councilman Alongi advanced towards Paul smith who remained silent and seated and was fearful for his well being and was of the belief that he was in imminent danger of physical assault. He indicated that he felt Captain Boyd would believe this sounds almost like a description of assault and questioned if it should be investigated. He further stated that assault does not invol ve any physical contact which would be battery, but assault is the imminent threat and the ability to carry out that threat in a situation where someone fears for their well being and that is what has occurred in that situation. Councilman Pape stated that there were several witnesses to this action and the first is the City's Planner and he wrote that Paul was placed in an extremely uncomfortable posi tion in the confrontation, a position he would not have to endure with any other citizen or m~mh~r nf +-h~ rr~n~r::01 1'\"h1;,... ::onrl ::0 1'\1'"\"";+-;l'"\n +-n",,+- no T.T"""" ""h10 PAGE FIFTEEN - CITY COUNCIL MINUTES - JUNE 13, 1995 - would have the ability to do that, they would be stopped at the counter and be given the ability to write out a form stating their complaint and would be investigated at that point. He explained that the action alone showed that he was acting as a Councilman and not as a private citizen, as well as the fact that the response was on City letterhead, typed by City staff which no private citizen can do. Councilman Pape stated that there was another witness that wrote in his memo that "Paul smith tried to talk to him about the correction and he continued to yell and call Mr. smith names. Councilman Alongi demanded Paul to release his gas with no further inspection, Paul became silent and Councilman Alongi left shortly thereafter. This incident was very disturbing." Councilman Pape suggested that the public should think about whether they would want to work under those conditions, or hear it happen to one of your co-workers in the office next door. Councilman Pape stated that there was another witness who is a building inspector who wrote that "Councilman Alongi was yelling at Paul using several swear words and telling him that he did not do his job right and if he had been on the job with Paul, he would not have let Paul make this call. Councilman Alongi also said to Paul that he would not call for a reinspect ion and demanded that Paul green tag his project. The verbal abuse that Councilman Alongi was inflicting on Paul made me very tense, even in the next office." Councilman Pape stated that there were quite a few people that were subjected to this episode and heard what was going on, and noted that this is an example of leadership by intimidation, much like the school yard bully trying to get what he wants and pushing on someone until they give in. He stressed that this is not appropriate conduct for any elected official. He explained that the goal of this item was to see what can be done to prevent this from happening again. Councilman Pape detailed the recommendations contained in the Agenda Report. - Councilman Pape stated that the objective is to correct the problem, see that it doesn't occur again and clarified that it is not intended to restrict the information nor the ability for Councilman Alongi to do his job. - Councilwoman Brinley stated that this action has been a long time coming. She noted that Mr. Paul smith was the catalyst that brought it to a head. She further stated that Councilman Alongi's behavior has not been an isolated incident. She explained that this type of behavior by Councilman Alongi has been ongoing for the past three and one-half years from the city Managers office on down. She further explained that Councilman Alongi through his own admission has stated that he lacks the capability to control his outbursts of temper and the use of abusive language. Councilwoman Brinley stated that this Council, on several occasions has tried to advised Councilman Alongi that his outbursts will no longer be tolerated. She explained that Councilman Alongi chooses to use and abuse the powers of his office for his own personal gain and has been advised, on several occasions by the City Manager, that this is a city Manager form of government. Mr. Molendyk has explained that if Councilman Alongi has a problem __!.~'- ____ .-.1:: ~1-_ !___-3!. _._ _.&.._~.I:: __ _________, __, _'&"_-3 .&.._ '&"'-_ PAGE SIXTEEN - CITY COUNCIL MINUTES - JUNE 13, 1995 responsibili ties of a City Councilperson. She stated that the City council establishes policy, establishes ordinances and standards that the city Manager's staff carries out and administers at the City Council's direction. She noted that Councilman Alongi always chooses, after the fact to become a private citizen and uses his city Council status to gain access to the inner sanctum of City Hall and to it's staff which a private citizen does not have access to. She explained that if a private citizen had a problem or a grievance with a staff member, he or she would be asked to fill out a complaint form and turn it in to the City and at this point they would be asked if they would like to make an appointment with the staff member's immediate supervisor to discuss the issue at hand. She further noted that if that same private citizen came into city Hall and used the abusive language and physical intimidation towards the staff members; and could not be calmed down, the Sheriff's Department would be called and the person would be removed from city Hall with the possibility of being arrested if their conduct continues. Councilwoman Brinley stated that out of respect to the office that Councilman Alongi holds, staff has given more latitude and been more tolerant with his verbal abuses and his attempts at intimidation. She noted that Councilman Alongi has stated that abusive language is a part of the every day American life and she stated that she fells that is only if you choose it to be and apparently he does. She commented that she is sure that private citizens in this community will try to shield their families from such language and that is why there are ratings on movies and warnings on T. V . programs. She questioned if a lawsuit is filed against the City, will it be private citizen Alongi that picks up the bill or will it be Councilman Alongi where he is represented by the City and the taxpayer picks up the bill. She stated that there have been many complaints over the years and that is the reason that she co-authored this item on the Agenda and she supports the proposed action. She stated that she felt that the staff is hard working and has worked and earned the respect of each Councilmember. Councilwoman Brinley stated that for the last 10 years as a Planning commissioner and as Chairwoman of the Planning Commission, she has dealt with staff and never has she been treated with disrespect or disregard nor has she treated staff that way. She thanked Staff for their efforts. Mayor Pro Tem Bender stated that this issue has been heard before and he has tried to mediate or refrain from severe sanctions, however he concurs with councilman Pape and Councilwoman Brinley that this is a reasonable and responsible action to take. He noted that the fact that this has been an ongoing problem and is a very severe problem within the city Hall. He explained that he does not feel that City staff people should be subject to this kind of brow beating, bullying or intimidating tactics. He stated that the cited type of action is what causes harassment claims and Workman's Compensation Claims for stress. Mayor Pro Tem Bender stated that Councilman Alongi's personality will not change, but it is the behavior and conduct that concerns him and he cannot condone Councilman Alongi's actions. He asked for an opinion _ . . __ _ ___ ~ ___ _ .,. ~ ___ ~ ...L... - - PAGE SEVENTEEN - CITY COUNCIL MINUTES - JUNE 13, 1995 - not want to hear from "sanctimonious people who thought that his language was unprofessional because it they hear it on T.V., Movies and read it in books and it is professional as pie and ice cream in this country." He explained that we also see people punch and shoot each other on T.V., in Movies and read it in books and ask if that is also as professional as pie and ice cream in this country. He noted that he did not think so and that there is no difference in either case. He asked that the City Attorney comment on Item #4 as far as legalities. city Attorney Harper stated that there is not a great deal of case law in regard to this issue, but stated that an indi vidual Councilmember, when he is not sitting upon the platform is not any different than any other citizens. He noted that in terms of control of publicly owned facilities, Council can set control as long as they do not do it on a capricious basis. city Attorney Harper stated that it would appear that all the limitations are based upon control and there are no other limitations. - Councilman Alongi stated that he thought that this was the united states of America, and that we have due process before we convict and punish anyone. He noted that Councilman Pape takes things out of context and he strongly believes that this City Manager, this City, this Council are guilty of a provocative act, which means that this particular employee has had many, many, many complaints about him in the field and he has several letters to establish that fact. He further stated that he has dealt with this man for several years in the field and he feels that Mr. smith is a power monger. He stressed that the citizens elect Council and give them the authority. He cited that the Law Officers have the authority to arrest someone, they don' t arrest persons because they have the power, but rather the authority to do so. Councilman Alongi stated that this Council deals with power not authority and he has not had his day in court yet and Council does not know what went on. He stated that Councilman Pape made reference to the fact that he had insulted the Assistant City Manager and stated that he has been nothing but polite to her. He noted that sometimes he has had private meetings with the city Manager and sometimes they get into it, but that is in a private room and he is an elected official to make sure that he does his job, because he is part of his boss. He explained that if it gets too hot for the City Manager he can go out and get another job, but as long as he is a City Councilperson and he feels that he has done something wrong or there is something wrong in this community, he is going to hear about it; and that goes for the Finance Director as well. Councilman Alongi stated that if he could have a private meeting in city Hall with staff or management, who are paid to do a job for the public, then if it is too hot in the kitchen, get out. He stated that to a member of the public if they did not like him, he was going to run for re-election and they could try and keep him off the bench. Councilman Alongi stated that he did not care what action the Council took tonight, because he would just bring a chair and table and set up office in front of City Hall and Council does not scare him - \.....:.. - PAGE EIGHTEEN - CITY COUNCIL MINUTES - JUNE 13, 1995 for what is right. Councilman Alongi then addressed the letter from the Employees Union and stated that the letter asked for a public apology which he will never give. He stated that it was fact that Paul Smith was never to come to his work sites, he stated that he would wait until another inspector was available, yet the City choose to send Paul Smith to his site, which is a provocative act. He stated that Mr. Smith's letter is his interpretation of what took place. He then read a memo from one of the other employees. Councilman Alongi then read the following from the dictionary; bastard, bitch, ass, and hell which are found in the dictionary and are proper english. He then read the letter from City Planner Leslie which clearly stated that he did not __ hear swear language. He stated that he has been in the Building Office many times talking to Kevin Shear and Larry Russell as a private citizen and he did ask Paul Smith to escort him into a private office and shut the door so that they could have privacy. He addressed the letter from a Building Inspector and stated that he questioned the word profanity. He stated that if the Council wants to censure him they should have all the persons named in the letter present and each present their case; and if he is guilty, then fine censure him, but in this Country a person has the right to defend themselves. He noted a letter from Larry Russell and he stated that the entire letter is hear-say. Councilman Alongi stated that it is Mr. Smith's decisions, but he stated that Mr. smith uses the extreme circumstances. He stated that the inspection was not to see if their was 20 or 30 pounds in the line, but rather if the gas line is holding and explained the entire process. He stated that Mr. Smith likes to stick to the letter of the law if he does not like you. He then read letters from persons who do not agree with Mr. Smith's inspections. Mayor Washburn requested that Councilman Alongi wrap up his comments. -- Councilman Alongi stated that he did not give a damn about the Mayor's time clock and the persons who want to speak. He stated that this is an important issue and Council has accused him of doing something and he is going to defend himself. He stated that as soon as he wrapped it up then they could speak. He noted that Mrs. Brinley and Mr. Pape feel that they have more power than the common citizens going to the ball game and although there is a rule that no food or drink can be brought in, but the two of them feel that they are above that. He indicated that there was jOb done in Mrs. Brinley's house and a permit, was not puI,led. He noted that he had letters of complaint regarding Mr. Smith from the following: Kay's Barn; Nita VanHeest; Steve Ross; Ron Clear; Paul Moore; will Buck; Mr. and Mrs. Stergus. He explained that Mr. Smith has a long history and the City knows better than to send him to one of Mr. Alongi's job sites. He stated that people should find out what profanity is and noted that the United States Supreme Court has made an interesting finding on profanity, therefore he will continue to go on using the word "ass if someone resembles an ass; hell, because I believe there is one; damn, because that means to control or damn up something; and if I th ink rh;:l1- vnn ::IIr~ ::II h::llco+-"'.....r1 T T.T~" ,.,.,." u....... ....._~ II ,...~..__.: , ___ PAGE NINETEEN - CITY COUNCIL MINUTES - JUNE 13, 1995 that profanity may be in the dictionary, but it lacks professionalism and he can say that going back to the days when he sat on Planning Commission. He further stated that part of Councilman Alongi's problem is his attitude and the way that he deals with individuals. He informed Councilman Alongi that the governing body does have the right and responsibility to censure any person who the body deems is out of control or is doing something improper. ",-..- Councilman Alongi told Mayor Washburn to stick it in his ear. Mayor Washburn told Councilman Alongi that he was out of order and then asked the persons who requested to speak to come forward, keeping their comments to three minutes and using no profanity. Nita Van Heest, stated that Lake Elsinore is a General Law City and criticized the actions of Council. She stated that she saw this as an attempt to defame Councilman Alongi and stated that Paul smith has been a problem in the city for a very long time. - will Buck, 29610 Hague, stated that he does not always agree with Councilman Alongi's methods in achieving his goals, but in some situations his methods are appropriate. He noted that the situation he experienced with the inspector is not new, since he had received numerous calls in the past and had several meetings with the City Manager to address some of those issues. He explained that he is a good inspector, he hardly ever makes a mistake, but he has zero people skills. He suggested that if a person disagrees with Mr. smith on a project, he will bury you on the next job. Mr. Buck stated that he did not push the issue after his meeting with the City Manager and Assistant City Manager, but he did not receive many calls after his meeting. He stated that the sanctions proposed are really serious and what it would do is cut out the representation of a significant number of people in the community by not allowing Councilman Alongi his full position. He explained that this is weakening and belittling his position as a member on Council. He stated that there must be another method to keep Paul smith and Councilman Alongi separated. Mr. Buck stated that he has been in City Hall many times and the simple solution would be to keep Councilman Alongi out of the Building and Planning Side which would resolve the issue. Ken Howard, expressed understanding of the frustration of dealing with personnel in City Hall. He detailed the problems that he has had with the Weed Abatement Program. He further pointed out that a problem that he had with a house he owns on Peck Street and the fact that a Building Inspector of the city added on a whole room without benefit of a permit. He stated that Councilman Alongi is being singled out for "calling a spade a spade". Mr. Howard stated that he agreed with Councilman Alongi that the City is in debt and that he does not want to see it continue and would like to help. - Edith Stafford, stated that the Councilmembers are hypocrites PAGE TWENTY - CITY COUNCIL MINUTES - JUNE 13, 1995 Joe Garcia, 26609 Tangerine, objected to Council action. He stated that he fells that Councilman Alongi is an upstanding person in the community and reminded Councilman Pape and Councilwoman Brinley that under the Bill or Rights and in the justice system it states that a person is innocent until proven guilty. He pointed out other political figures that were disciplined because they were denied due process and they are also denying Councilman Alongi that right. Ace Vallejos, 15231 Cobre, expressed his objections to Council's action against Councilman Alongi and stated that this should have been handled as a personnel matter and has no place at a public forum. He stated that Councilman Alongi should have been given his due process. - Julie Carter, 876 Pinehurst, stated that she and her husband are new in the community and stated her disfavor with Council's actions. She explained that Council is not being fair in making decisions that the people are not a part of. She further stated that she would like to see more go up in the north side of town. Ms. Carter stated that she believes in what Councilman Alongi is doing and will give him 100% of her support. Chris Hyland, 15191 Wavecrest Drive, read the rest of Nita Van Heest's speech in opposition to Councilman Alongi's censure. Ms. Hyland stated that she walked through every hall in Sacramento and had access to all offices and they told her that this City Hall is wrong in barring the public. Lila Cardoza, asked to have her three minutes given to Councilman Alongi to allow him the time to finish his comments to the public. Mayor Washburn suggested that she use her three minutes. Ms. Cardoza stated that she felt that all of the Council "deserves a kick in the ass". Mariana Mohylyn, 305 W Sumner, stated that the entire Council is at fault and asked that Councilman Alongi care about the good and welfare of others. She fel t that they are all against the citizens including Councilman Alongi - Mayor Pro Tem Bender stated that the salient points of this issue are that Council has no authority or power to involve themselves with personnel matters and the City is vested in the City Manager form of government. Mayor Pro Tem Bender explained that this is not a trial of any City employee or any ci ty Councilperson. He noted that this is a sanction of repeated abusive behavior by one Councilperson towards city employees. MOVED BY BENDER, SECONDED BY BRINLEY AND CARRIED BY A VOTE OF 4 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE TO APPROVE THE SANCTIONS AGAINST COUNCILMAN ALONGI, AS FOLLOW: 1. To let the employees of the city of Lake Elsinore know that the Council supports their right to work in a harassment free environment. PAGE TWENTY-ONE - CITY COUNCIL KINUTES - JUNE 13, 1995 chance of an attack on any employees from occurrinq aqain. a. councilman Alonqi will only be allowed in the city Kanaqer's area of City Hall and the council Chambers and then by appointment only. He will still have complete knowledqe of relevant city issues, receive copies of aqendas and will be able to qet answers to his questions, however he will deal only with the city manaqer or his desiqnee by appointment. All mail, aqendas and messaqes can be picked up at the front reception desk window. b. City employees will report any contact they have with Councilman Alonqi to their immediate supervisor. c. Any meetinq with the City Kanaqer or his desiqnee, where Councilman Alonqi becomes loud, abusive or uses lewd lanquaqe, should be terminated. No City employee should be subjected to such abusive and unprofessional behavior, includinq the city Kanaqer. 5. ci ty council qi ves the city Kanaqer power to remove Councilman Alonqi from City Hall for any of the above mentioned actions. violations of the foreqoinq will constitute a trespass and may be enforced, if necessary, throuqh the Riverside county Sheriff's Office. 35. Second Readinq - Ordinance No. 998 - Relatinq to the P.E.R.S. Contract. (F:68.1) (X:116.3) - MOVED BY BRINLEY, SECONDED TO WASHBURN TO ADOPT ORDINANCE NO. 998, UPON SECOND READING BY TITLE ONLY. ORDINANCE NO. 998 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORB, AUTHORIZING AN AMENDKENT TO THE CONTRACT WITH THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES RETIREMENT SYSTEM. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILKEKBERS: ALONGI, BENDER, BRINLEY, PAPE, WASHBURN NOES: COUNCILKEKBERS: NONE ABSENT: COUNCILKEKBERS: NONE ABSTAIN: COUNCILKEKBERS: NONE 33. Reauest for co-Sponsorship of Event - Golden Spectrum. (F:151.1) City Manager Molendyk explained this item and noted that the City has participated in the past and always received good feedback. He .indicated that there are no problems anticipated PAGE TWENTY-TWO - CITY COUNCIL MINUTES - JUNE 13, 1995 THE FOREGOING MOTION CARRIED BY A VOTE OF 4 TO 1 WITH BENDER CASTING THE DISSENTING VOTE. 32. Reauest for citv Property Lease - Gediman Park. (F:114.3) ci ty Manager Molendyk gave an overview of the proj ect and advised that consideration is request for the Council to lease the park to provide outside seating and fit into the Downtown Revitalization program, with approvals from the Planning Commission and the Design Review Committee to assure compliance as well as comply with a lease of $250 per month that would increase every five years an additional $50. Mar Sol Inc. would be responsible for the maintenance of the property and supply the annual Christmas tree for the benefit of the community and provide security for that area and the Peck Street parking lot. - MOVED BY PAPE, SECONDED BY BRINLEY TO APPROVE A LEASE AGREEMENT FOR GEDIMAN PARK TO MAR SOL, INC. Councilwoman Brinley questioned the trash enclosure with Pat Lovi tt. The applicant stated that Mar Sol Inc. will be building their own trash enclosure on their side of the alley- way. Councilwoman Brinley stated that they will need their own trash enclosure with all the extra business they will be doing and it will cut down on the amount of loose litter. Councilwoman Brinley asked if the trash enclosure should be made part of the motion. City Manager Molendyk stated that this would be handled by the Design Review Committee. Councilman Alongi stated that it is a fine restaurant, however the property in question is public property and belongs to the city and not the City Council. He stated that the action tonight is to approve a 23 year lease on the park which is far beyond the life of this Council and it is going to tie the hands of future Councils and no one knows what is going to happen 23 years from now, let alone two years from now. He -- explained that the park is supported by the Lighting and Landscaping District and is not supported by the General Fund. He noted that he pays $87 a year on his building on Main Street for Lighting and Landscaping and he would be willing to pay a few dollars more to maintain that park. Councilman Alongi stated that the park was dedicated to a gentleman who served and dedicated himself to this community and now for a few bucks a month, which the city is not paying, the citizens of this City and the citizens should have the right to say if it should be leased out for this particular venture. He explained that for himself, he felt that it should remain a park and noted that the City has had experience with another business that Council allowed to place table and chairs in the public right-of-way and there have been incidence of the owner getting in confrontations with people for si tting on his chairs. councilman Alongi stated that the chairs are on public property and he pays taxes to take care of the streets and sidewalks and if he wants to place tables and chairs in the right-of-way let it be at his own risk. He further explained that as far as the restaurant is concerned, he feels that the City should not sell or give away parks. He stated that if the City wanted to do that let them put the park up PAGE TWENTY-THREE - CITY COUNCIL MINUTES - JUNE 13, 1995 - and they continue to pay the maintenance and he can assure the people that this city Council will not go back at the end of 95/96 and readjust their Lighting and Landscaping charges for that park. He explained that there will be problems with the cleaning of the park and washing it down, since there is already a problem with another restaurant having water running into the building and the city will add to the liability if this takes place since that problem has not been resol ved either. Councilman Alongi stated that the fact remains that it is a public park and should remain so for the use of anyone that walks up and down Graham street and not at the whim of this council to sign a 23 year lease on it. Mayor Pro Tem Bender stated that he would want it in the contract that the city has the right to terminate this agreement, at the City's will, should they have a need for that property some time in the future. He stated that the positive is that a business owner is offering to provide security in the parking lots behind the area which has been a concern of a lot of the downtown businesses and citizens and the ci ty could reduce some of the maintenance costs and generate revenue to the city. He stated that assuming the agreement did go 23 years it would be well over $100,000 in revenue that would come into the city. He commented that he is a little mixed about the use of public property for private use, but the city has a ski school out on the inflow channel which cannot be used by the general public and the ball park which is a public owned facility, but a fee must be paid to go into it. Mayor Pro Tem Bender stated that he would like some more information from the newspapers and what went on at the time of the dedication. He pointed out that there are two benches on the corner, so he has no problem with it and he stated that he does not see a whole lot of people using it. He suggested that staff get a little more information and clarify some of the terms. He suggested that this item be continued. -- councilwoman Brinley stated that this is a 25' X 75' lot and the City abated the building on it; and in order to spend the money to improve the corner it had to be dedicated as a park and at that point they choose an outstanding citizen, who was Judge Gediman, and the City placed the monument there and it allowed the City to clean up the corner. She explained that this was never a park where children went to play or adults went to read or spend the afternoon, it was used to give honor to a gentleman who richly deserved it, but it also served the other purpose which was to clean up the corner. She further explained that it is her understanding that the monument will remain along with the planter and a Christmas tree will be provided to continue the tradition. Fred Dominguez stated that the purpose of this item on the Agenda is to approve going ahead with the deal, so ci ty Attorney Harper can proceed with the creation of the contract. This issue is to ascertain that Mar Sol, Inc. will be able to use the corner and then the legalities will be ironed out. - Councilman Pape stated that most of what he was going to say has been said, but this is not a park as most would think of PAGE TWENTY-FOUR - CITY COUNCIL MINUTES - JUNE 13, 1995 Pape stated that he did not know if it would make any difference in the Lighting and Landscaping fees since it is such a small area, but certainly it is factored in. He noted that the City would benefit most from the increased security in that area that the owner has agreed to provide. He explained that he would expect City Attorney Harper to draw up a contract that would allow the ci ty to get out of the contract within a reasonable time if there was a need to do so. He commented on the fact that he feels that it would be of benefit of everyone who comes into the downtown area. Councilwoman Brinley stated that Mar Sol, Inc. could be assessed the extra fee for the Lighting and Landscaping Assessment for that area. - Mayor Washburn pointed out that in 1985 the City Park was a big problem with overgrown trees and persons hanging around that should not have been there and it looked bad. He noted that the first pUblic/private relationship he has seen in Lake Elsinore has worked very well and pointed out that for El Unico to have his restaurant at the park it is his responsibili ty to do park maintenance and police the area. He stated that the park has never looked better over the years since that agreement has been struck and it is a good example of a private/public relationship. Mayor Washburn asked of the staff present how many take their lunches and sit there to eat. No one raised their hand, he asked the same of the audience and received no response. He stated that what he feels this would be seen is a positive change for the corner and he supports the action, he also supports City Attorney Harper drawing up the language within the agreement. Councilman Alongi stated that City Park is open to the public and in this case Gediman Park will be closed to the public. Mayor Pro Tem Bender stated that he has a problem with the fact that there are no details and he would like to see some __ type of compromise with that corner. He requested that this item be continued. Fred Dominguez stated that everything will be done to preserve the corner, the object is to put the corner into use and it will be enhanced. Mayor Pro Tem Bender asked if the plaque would be fenced in or could it be on the outside. Fred Dominguez stated that it would be up to Planning and what they would like to see done with the corner. Mayor Washburn stated that a plot plan would have to be approved by Planning Commission and the Design Review Committee. Councilman Pape stated that what is being considered is conceptual and Mar Sol, Inc. would still have to come back with the details. Mr. Dominguez stated that the contract would have to be returned to Council, but the approval tonight would allow Mar Sol, Inc. to proceed with the plans. Mayor Pro Tem Bender stressed that he wanted all parties concerned to understand that it would be a conceptual approval. MOVED BY PAPE, SECONDED BY BRINLEY TO AMEND THE MOTION TO STATE THAT THE AGREEMENT IS IN CONCEPT ONLY AND WILL RETURN TO COUNCIL FOR FINAL APPROVAL. PAGE TWENTY-FIVE - CITY COUNCIL MINUTES - JUNE 13, 1995 and brought back before council for a final approval. He noted that if everything is to council's satisfaction then it will move forward from there. Mayor Pro Tem Bender clarified the fact that it is still subject to final approval and is not a contract until there is final approval. THE FOREGOING MOTION WAS APPROVED BY A VOTE OF 4 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE. - THE CITY COUNCIL MEETING WAS RECESSED AT 11:15 P.M. THE CITY COUNCIL MEETING WAS RECONVENED AT 11:20 P.M. PUBLIC COKKENTS - NON-AGENDIZED ITEMS Mariana Mohylyn, 305 W. Sumner, expressed appreciation to Officer Benson for his assistance with transportation on Sunday and requested that the City Council work to establish bus service on Sundays. Edi th Stafford commented that while Councilman Alongi may say offensive things, she respects him because he has gutts. She stressed that he supports those things he believes in and does not pursue issues for self-interest. Chris Hyland, 15191 Wavecrest Drive, indicated that the current Recall efforts are going well and many petitions are in the Community. CITY MANAGER COKKENTS None. -- CITY COUNCIL COKKENTS None. CLOSED SESSION None. ADJOURNMENT t~ 1 ADJOURNBD AT 11:26 P.M. G~~ I~W~~R CITY~ LAKE ELSINORE THE REGULAR CITY COUNCIL MEETING CITY CLERK ELSINORE -